TARUN BHATNAGAR Vs. DMRC AND ORS.

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226 of the Constitution of India for quashing and setting aside the prescription and application of 'B -2' medical standard for appointment to the post of Senior System Analyst (ERP) Functional Modules (Non -Executive), hereinafter referred to as Senior System Analyst, with the Respondent Corporation.

(2.) THE facts of the present case are that the Respondent Corporation issued an advertisement inviting applications for various executive and non -executive posts. One of the posts advertised was Senior System Analyst. The advertisement contemplated a three -stage selection process comprising of a written test, personal interview followed by a medical test. It was clarified in the advertisement that the candidates who fail in the prescribed medical tests will not be given any alternative employment.

(3.) ACCORDING to the Respondent Corporation, the medical standard applicable to the post of Senior System Analyst is that of category of B -2. Under this category the permissible limit of glasses is upto 4 diopter. Admittedly, in the instant case the Petitioner has deficiency of minus 5 in the left eye and minus 4.5 in the right eye. It is the Respondent Corporation's case that for this reason, the Petitioner was not found suitable for being appointed to the post of Senior System Analyst.